« ForrigeFortsett »
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North
When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote.
Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies.
No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided.
The Senate shall choose their other officers, and also a president pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.
The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law.
4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.
The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
5. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent
Vacancies in the representation, how filled.
Speaker and officers of H. R. Impeachment. Senate, how composed. Senators, how cho
to have one vote.
One third of the
second year.— Vacancies durrecess of the Legislature of a State. How filled.
Qualifications of Senators.
Vice President of U. S. presi
dent of Senate.
The Senate to choose their offi
cers. President pro tempore.
The Senate to have the sole power to try impeachments. When the President of U. S. is tried, the Chief
Justice shall preside. Judgment in case of impeachParty ment convicted sub. ject to indict
ment at law. Times and
places for hold. ing elections. Congress may at anytime make or alter regula. tions made by the States, ex
cept as to the places of choosing Senators.
Congress to assemble once a year.
(a) South Carolina adopted the Constitution by a convention called in November, 1789. Rhode Island, by a convention held in May, 1790, assented to the Constitution. Kentucky was admitted into the Union, June 1, 1792. Vermont was admitted into the Union, March 4, 1791. Tennessee was admitted into the Union, June 1, 1796. Ohio was established as a state of the Union, by act of April 30, 1802. Louisiana was admitted into the Union, April 30, 1812. Indiana was admitted into the Union, December 11, 1816. Mississippi was admitted into the Union, December 10, 1817. Illinois was admitted into the Union, December 3, 1818. Alabama was admitted into the Union, December 14, 1819. Maine was admitted into the Union by an act of Congress, passed March 3, 1820. Missouri was admit. ted into the Union, March 2, 1821. Arkansas was admitted into the Union, June 15, 1836. Michigan was admitted into the Union, January 26, 1837. North Carolina became a member of the Union, before June 4, 1790. Iowa and Florida were authorized to become states of the Union, by act of March 3, 1845, chap. 48.
members, in such manner, and under such penalties, as each House may provide.
to be the judge of the elections, returns, and qualifications of Each House may determine the rules of its proceedings, punish its its members. A members for disorderly behaviour, and, with the concurrence of two majority to form thirds, expel a member.
Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either House on any question, shall, at the desire of one fifth of those present, be entered on the journal.
Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Compensation 6. The Senators and Representatives shall receive a compensation of the Senators for their services, to be ascertained by law, and paid out of the Treaand Representatives. Privi- sury of the United States. They shall, in all cases, except treason, leged from ar- felony, and breach of the peace, be privileged from arrest during their rest, with excep- attendance at the session of their respective Houses, and in going to, and returning from, the same; and for any speech or debate in either House, they shall not be questioned in any other place.
tions. Not to be questioned
in any other place for any speech or debate in either House.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either House during his continuance in office.
Rules of proceeding.
to keep a jour nal. Yeas and
Adjournments of the Houses of Congress,
Appointment to office of Senators or Representatives. No person holding any office under the U. S. to be a
7. All bills for raising revenue shall originate in the House of member of either Representatives; but the Senate may propose or concur with amend
ments as on other bills.
House during his continuance in office.
Bills for rais. ing revenue. Bills, after hav. ing passed Con
sented to the President. Proceedings when the President disapproves.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections, to that House in which it shall have origigress, to be pre-nated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days, (Sundays excepted,) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
vote, of both
Every order, resolution, or Houses (except on a question
Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on a question of adjournment,) shall be presented to the President of the United States; and before the same shall take effect, shall be approved of adjournment) by him, or being disapproved by him, shall be re-passed by two thirds to be presented of the Senate and House of Representatives, according to the rules and
to the President
of the U. S.
limitations prescribed in the case of a bill.
8. The Congress shall have power(a)
(a) Congress must possess the choice of means, and must be empowered to use any means, which are in fact conducive to the exercise of a power granted by the Constitution. United States v. Fisher, et al.; Assignees of Blight, 2 Cranch's Rep. 358; 1 Cond. Rep. 421.
To lay and collect taxes, duties, imposts and excises, (a) to pay the debts, and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States :(b)
To borrow money on the credit of the United States:
To establish an uniform rule of naturalization, (d) and uniform laws on the subject of bankruptcies throughout the United States:(e)
To lay taxes, and
for the common defence
and welfare. Duties to be uniform. To borrow money.
The powers granted to Congress are not exclusive of similar powers existing in the States, unless where the Constitution has expressly, in terms, given an exclusive power to Congress; or the exercise of a like power is prohibited to the States; or there is a direct repugnancy, or incompatibility in the exercise of it by the States. The example of the first class is to be found in the exclusive legislation delegated to Congress over places purchased by the consent of the legislature of the State in which the same shall be located for forts, arsenals, dock-yards, &c.; of the second class, of the prohibition of a State to coin money, or emit bills of credit; of the third class, the power to establish a uniform rule of naturali. zation, and the delegation of admiralty and maritime jurisdiction. In all other cases the States retain concurrent authority with Congress. Houston v. Moore, 5 Wheat. 1; 4 Cond. Rep. 589.
An act of Congress repugnant to the Constitution cannot become the law of the land. Marbury v. Madison, 1 Cranch, 137; 1 Cond. Rep. 267.
The mere grant of power to Congress does not imply a prohibition on the States to exercise the same power. Whenever the terms in which such a power is granted to Congress require that it should be exercised exclusively by Congress, the subject is as completely taken from the State legislatures, as if they had been expressly forbidden to act upon it. Sturges v. Crowninshield, 4 Wheat. 122: 4 Cond. Rep. 409.
(a) The power of Congress to levy and collect taxes, duties, imposts, and excises, is co-extensive with the territory of the United States. Loughborough v. Blake, 5 Wheat. 317; 4 Cond. Rep. 660.
The power of Congress to exercise exclusive legislation, in all cases whatever, within the District of Columbia, includes the power of taxing it. Ibid.
The authority of Congress to lay and collect taxes, does not interfere with the power of the States to tax for the support of their own governments; nor is the exercise of that power by the States, an exer. cise of any portion of the power that is granted to the United States. Gibbons v. Ogden, 9 Wheat. 1; 5 Cond. Rep. 562.
(b) The constitutional provision that direct taxes shall be apportioned among the several States, according to their respective numbers, to be ascertained by a census, was not intended to restrict the power of imposing direct taxes to States only. Loughborough v. Blake, 5 Wheat. 317; 4 Cond. Rep.
(c) An act of Congress, laying an embargo for an indefinite period of time, is constitutional and valid. The United States v. The William, 2 Hall's Am. Law Jour. 255.
The power of regulating commerce extends to the regulation of navigation. Gibbons v. Ogden, 9 Wheat. 1; 5 Cond. Rep. 562.
The power to regulate commerce extends to every species of commercial intercourse between the United States and foreign nations, and among the several States. It does not stop at the external boundary of a State; but it does not extend to a commerce which is completely internal. Ibid.
The power to regulate commerce is general, and has no limitations but such as are prescribed by the Constitution itself. This power, so far as it extends, is exclusively vested in Congress, and no part of it can be exercised by a State. Ibid.
The power of regulating commerce extends to navigation carried on by vessels employed in transporting passengers. Ibid.
All those powers which relate to merely municipal legislation, or which may be properly called internal police, are not surrendered (by the States) or restrained, and consequently in relation to those the authority of a State is complete, unqualified, and exclusive. The City of N. York v. Miln, 11 Peters, 102. "An Act concerning passengers in vessels arriving in the port of New York," is not a regulation of commerce, but of police; and being
The act of the legislature of New York passed February 1824, entitled,
it was passed in the exercise of a power which belonged to that State. Ibid.
The power to regulate commerce, includes the power to regulate navigation, as connected with the commerce with foreign nations and among the States. It does not stop at the mere boundary line of a State, nor is it confined to acts done on the waters, or in the necessary course of the navigation thereof. It extends to such acts done on the land, which interfere with, obstruct, or prevent the due exercise of the powers to regulate commerce and navigation with foreign nations, and among the States. Any offence which thus interferes with, obstructs, or prevents such commerce and navigation, though done on land, may be punished by Congress, under its general authority to make all laws necessary and proper to execute their delegated constitutional powers. The United States v. Lawrence Coombe, 12 Peters, 72.
Persons are not the subjects of commerce, and not being imported goods, they do not fall within the meaning founded upon the Constitution, of a power given to Congress, to regulate commerce, and the prohibition of the States for imposing a duty on imported goods. Ibid.; Gibbons v. Ogden, 9 Wheat. 1; 5 Cond. Rep. 562,
(d) Under the Constitution of the United States, the power of naturalization is exclusively in Congress. Chirac v. Chirac, 2 Wheat. 259; 4 Cond. Rep. 111; Houston v. Moore, 5 Wheat. 1; 4 Cond. Rep. 589.
(e) The powers of Congress to establish uniform laws on the subject of bankruptcy throughout the B
To coin mo.
ney. To fix the
standard of weights and
To punish counterfeiters. Post-offices.
To promote the progress of
Piracies on the high seas. To declare
To raise armies.
Navy, &c. Government of the army and
Exclusive Legislation over seat of govern
of the U. S. Exclusive authority over pla. ces purchased with the consent of States.
To make laws
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures:
To provide for the punishment of counterfeiting the securities and current coin of the United States:
for carrying into execution all
powers vested in government of U. S.
Migration or importation of persons.
To establish post-offices and post-roads :
To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries:
To constitute tribunals inferior to the Supreme Court:
To define and punish piracies and felonies committed on the high seas, and offences against the law of nations :(a)
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water:
To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions :
For the orga
To provide for organizing, arming, and disciplining the militia, and nization, &c. of for governing such part of them as may be employed in the service of
the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress. (b)
To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings. And,
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. (c)
9. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
To raise and support armies: but no appropriation of money to that use shall be for a longer term than two years:
To provide and maintain a navy :
To make rules for the government and regulation of the land and naval forces:
United States, does not exclude the right of the States to legislate on the same subject, except when the power is actually exercised by Congress, and the State laws conflict with those of Congress. Ogden v. Saunders, 12 Wheat. 213; Cond. Rep. 523; Sturges v. Crowninshield, 4 Wheat. 122; 4 Cond. Rep. 409.
Since the adoption of the Constitution of the United States, a state has authority to pass a Bankrupt law, provided such law does not impair the obligation of contracts; and provided there be no act of Congress in force to establish a uniform system of bankruptcy, conflicting with such law. Sturges v. Crowninshield, 4 Wheat. 122; 4 Cond. Rep. 409.
(a) The act of the 3d March, 1819, chap. 76, sec. 5, referring to the law of nations for a definition of the crime of piracy, is a constitutional exercise of the power of Congress to define and punish that crime. United States v. Smith, 5 Wheat. 153; 4 Cond. Rep. 619. See also United States v. Palmer, 3 Wheat. 610; 4 Cond. Rep. 352.
(b) The act of Congress of Feb. 28, 1795, to provide for the calling out the militia to execute the laws of the Union, suppress insurrections, and repel invasions, is within the constitutional powers of Congress. Martin v. Mott, 12 Wheat. 19; 6 Cond. Rep. 410.
(c) Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive to the exercise of a power granted by the Constitution. United States v. Fisher et al., 2 Cranch, 358; 1 Cond. Rep. 421. Van Horne's Lessee v. Dorrance, 2 Dall. 304; Marbury v. Madison, 1 Cranch, 137; 1 Cond. Rep. 267, 268. The United States v. Bevans, 3 Wheat. 336; 4 Cond. Rep. 275. McCulloch v. Maryland, 4 Wheat. 316; 4 Cond. Rep. 466. United States v. Tingey, 5 Peters, 115. Anderson v. Dunn, 6 Wheat. 204. Dugan v. The United States, 3 Wheat. 172; 4 Cond. Rep. 223. The Exchange, 7 Cranch, 116; 2 Cond. Rep. 439. Osborn v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741. Harrison v. Sterry, 5 Cranch, 289; 2 Cond. Rep. 260. Postmaster General v. Early, 12 Wheat. 136; 6 Cond. Rep. 480.
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. (a)
No bill of attainder or ex post facto law shall be passed.(b) No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from, one State be obliged to enter, clear, or pay duties in another. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
treasury but by law. Receipts and expendi tures published, No title of nobility to be granted.
No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state.
10. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; (c) pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.(d)
No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. (e) No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
Executive power vested in a President of the U. S. Dura
ART. II. § 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice President, chosen for the tion of office. same term, be elected as follows:
Limitation of the powers of the States.
(a) Ex parte Burford, 3 Cranch, 448. Ex parte Bollman, 4 Cranch, 75; 2 Cond. Rep. 33. Ex parte Kearney, 7 Wheat. 38; 5 Cond. Rep. 225. Ex parte Tobias Watkins, 3 Peters, 193. Ex parte Milburn, 9 Peters, 704. Martin v. Mott, 12 Wheat. 19; 6 Cond. Rep. 410.
(b) The prohibition of the Federal Constitution of ex post facto laws extends to penal statutes only; and does not extend to cases affecting only the civil rights of individuals. Calder et al. v. Bull, 3 Dall. 386; 1 Cond. Rep. 172. Fletcher v. Peck, 6 Cranch, 87; 2 Cond Rep. 308. Ogden v. Saunders, 12 Wheat. 213; Cond. Rep. 523.
(c) Briscoe v. The Bank of the Commonwealth of Kentucky, 11 Peters, 257. Craig v. The State of Missouri, 4 Peters, 431. Sturges v. Crowninshield, 4 Wheat. 122; 4 Cond. Rep. 409. Ogden v. Saunders, 12 Wheat. 213; 6 Cond. Rep. 523. Cooper v. Telfair, 4 Dall. 14; 1 Cond. Rep. 211.
(d) If any act of the legislature is repugnant to the Constitution, it is, ipso facto, void; and it is the duty of the court so to declare it. Vanhorne's Lessee v. Dorrance, 2 Dall. 304.
The Constitution fixes the limits to the exercise of legislative authority, and prescribes the orbit in which it must move. Whatever may be the case in other countries, yet here there can be no doubt that any act of the Legislature repugnant to the Constitution is absolutely void. Ibid. Fletcher v. Peck, 6 Cranch, 87; 2 Cond. Rep. 308.
The legislature of a state can pass no ex post facto law. An ex post facto law is one which renders an act punishable, which was not punishable when it was committed. Ibid. Houston v. Moore, 5 Wheat. 1 ; 4 Cond. Rep. 589.
The invalidity of a state law, as impairing the obligation of contracts, does not depend on the extent of the change which the law effects in the contract. Green v. Biddle, 8 Wheat. 1; 5 Cond. Rep. 369. Briscoe v. The Bank of the Commonwealth of Kentucky, 11 Peters, 257. New Jersey v. Wilson, 7 Cranch, 164; 2 Cond. Rep. 457. Terrett v. Taylor, 9 Cranch, 43; 3 Cond. Rep. 254. Trustees of Dartmouth College v. Woodward, 4 Wheat. 518; 4 Cond. Rep. 526. The Proprietors of the Charles River Bridge v. The Proprietors of the Warren Bridge, 11 Peters, 420. Sturges v. Crowninshield, 4 Wheat. 122; 4 Cond. Rep. 409. Hawkins v. Barney's Lessee, 5 Peters, 456. Mason v. Haile, 12 Wheat. 370; 6 Cond. Rep. 535. Farmers' and Mechanics' Bank v. Smith, 6 Wheat. 131; 5 Cond. Rep. 35. Satterlee v. Matthewson, 2 Peters, 380. Wilkinson v. Leland, 2 Peters, 627.
(e) Brown v. The state of Maryland, 12 Wheat. 419; 6 Cond. Rep. 554.